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i personally have no problem with cops so dont take this the wrong way ..ok!
here we go......if i was pulled over for a novelty helmet would i have to take it off by law if he just asked me to see itor would i be able to keep it on.
would he need a warrant? you know kinda like searching a car?
ive heard different answers but never from a cop......thanx
You would have to give it to him or he can hold you there until he gets a court order. It's the same thing as producing your license when you get pulled over for speeding. You can decline to give them to him but you ain't going nowhere until you do.
i personally have no problem with cops so dont take this the wrong way ..ok!
here we go......if i was pulled over for a novelty helmet would i have to take it off by law if he just asked me to see itor would i be able to keep it on.
would he need a warrant? you know kinda like searching a car?
ive heard different answers but never from a cop......thanx
If a DOT sticker is required, and he can see none, yes.
I'm a LEO and of the opinion that you do not have to take it off. IMO, when you are wearing it, it is no different than you boots. You do not have to take them off to "be searched", which is basically what the officer is doing when he is wanting to see your helmet. Sure, he could detain you and go get a search warrant or possibly arrest you on something like maybe "obstruction of justice" and search the helmet "incident to arrest". At any rate, it is your choice on how you want to riskplaying the game. With the law, there is sometimes a lot of gray area that. IMO, this is one of them. At any rate, I use my line of thinking from my state's law that does not require a DOT sticker.
There are many opinions in LEO circles on this topic. I don't know if one is right or wrong. I had a friend call me a couple of years ago to bring him a helmet. He got stopped and let the officer see his helmet. The helmet had a novelty sticker inside. The officer charged him, then seized his helmet as evidence, and left my buddy on the side of the road. Several of us LEO's discussed this matter as to whether it was right or wrong. Some said yes, " it was evidence". Some said, no it was personal property, not contraband since it isn't illegal to own and should not have been seized. I see both sides, but submit a similar situation.........Imagine an officer stopping your for slick tires on your car...Do you think he would seize them as evidence?
Here's my .02 In Florida we don't even have a helmet law but when we did some took their chances and wore a novelty helmet at the risk of getting cited. All we can do is cite you and that relieves me of any liability. It's like window film.. I can cite you but i'm not going to sit there and wait until you take it off. I can always set you for court and bring in a DOT certified helmet and show it to the judge! The way I see it now is buy yourself a DOT helmet that looks like your non DOT lid. There are so many companies that are now making them at a low price that it is not worth the aggravation. I would tell you a quick story about losing a good friend or loved one and let you go on your merry way. That is just me and I speak only for me. You just might run into that cop who had his lunch money taken in elementary school who just wants to be an A@#$%^&*
ORIGINAL: xxxflhrci
.......Imagine an officer stopping your for slick tires on your car...Do you think he would seize them as evidence?
That's not even close to the same thing. Most departments aren't going to jack the car up and take the tires as evidence. Most would photograph the tires or tow the vehicle.
And of course the helmet would be considered evidence in your example. That's the article in question so how could it not be considered evidence? Dope is also personal property until it gets seized as evidence. Shoes, helmets, panties, etc are obviously one's personal property but can also be seized as evidence to ensure a proper investigation and and help in the disposition of the case.
Here's the perfect solution to what any police officer requests of someone.......do what the f*#k he says to do. If he wants you to remove the helmet for inspection just do it and take your lumps if you're wearing some junk on your melon.
ORIGINAL: xxxflhrci
.......Imagine an officer stopping your for slick tires on your car...Do you think he would seize them as evidence?
That's not even close to the same thing. Most departments aren't going to jack the car up and take the tires as evidence. Most would photograph the tires or tow the vehicle.
And of course the helmet would be considered evidence in your example. That's the article in question so how could it not be considered evidence? Dope is also personal property until it gets seized as evidence. Shoes, helmets, panties, etc are obviously one's personal property but can also be seized as evidence to ensure a proper investigation and and help in the disposition of the case.
Here's the perfect solution to what any police officer requests of someone.......do what the f*#k he says to do. If he wants you to remove the helmet for inspection just do it and take your lumps if you're wearing some junk on your melon.
First, I was giving aneasyto followexample as I see it, not looking for a debate from either a civilian or another LEO. BTW, are you a LEO?
Second, dope is not personal property. It is contraband. I guess you know what contraband is don't you?
Third, cops love people that "do what we request". People that do not know their rights make our jobs so much easier.
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